0001047469-02-002709 Sample Contracts

LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • November 13th, 2002 • Witness Systems Inc • Services-prepackaged software

This Loan Modification Agreement is entered into as of November , 2002 by and between WITNESS SYSTEMS, INC., a Delaware corporation ("Borrower") whose address is 300 Colonial Center Parkway, Roswell, Georgia 30076, and SILICON VALLEY BANK ("Lender"), a California-chartered bank with a principal place of business at 3003 Tasman Drive, Santa Clara, CA 95054 and with a loan production office located at 3343 Peachtree Road, Suite 312, Atlanta, GA 30326.

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LOAN AND SECURITY AGREEMENT by and between WITNESS SYSTEMS, INC., as Borrower and SILICON VALLEY BANK, as Bank APRIL 3, 2002
Loan and Security Agreement • November 13th, 2002 • Witness Systems Inc • Services-prepackaged software • Georgia

THIS LOAN AND SECURITY AGREEMENT dated April 3, 2002, between SILICON VALLEY BANK ("Bank"), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and having a loan production office at 3343 Peachtree Road, NE, Suite 312, Atlanta, Georgia 30326 and WITNESS SYSTEMS, INC., a corporation organized and in good standing in the State of Delaware ("Borrower"), whose address is 300 Colonial Center Parkway, Roswell, Georgia, 30076 provides the terms on which Bank will lend to Borrower and Borrower will repay Bank. The parties agree as follows:

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